Judicial Service Commission Act, 1994 (Act No. 9 of 1994)RegulationsCode of Judicial Conduct for JudgesArticle 4 : Judicial Independence |
A judge must—
| (a) | uphold the independence and integrity of the judiciary and the authority of the courts; |
| (b) | maintain an independence of mind in the performance of judicial duties; |
| (c) | take all reasonable steps to ensure that no person or organ of state interferes with the functioning of the courts; and |
| (d) | not ask for nor accept any special favour or dispensation from the executive or any interest group. |
Notes:
| Note 4(i): | A judge acts fearlessly and according to his or her conscience because a judge is only accountable to the law. |
| Note 4(ii): | Judges do not pay any heed to political parties or pressure groups and perform all professional duties free from outside influence. |
| Note 4(iii): | Judges do not appear at public hearings or otherwise consult with an executive or legislative body or official except on matters concerning the law, the legal system or the administration of justice. |
| Note 4(iv): | Judicial independence is not a private right or a principle for the benefit of judges as individuals. It denotes freedom of conscience for judges and non-interference in the performance of their decision-making. It does not justify judicial misbehaviour and does not provide an excuse for failing to perform judicial functions with due diligence or for otherwise acting contrary to this Code. |
| Note 4(v): | Organs of state are constitutionally mandated to assist and protect the courts to ensure their independence, impartiality, dignity, accessibility, and effectiveness. The correlative is the right of every judge not to have his or her independence of mind disturbed by any person or organ of state. |